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POLK v. COM.

574 S.W.2d 335 (1978)

Samuel Eugene POLK, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied December 19, 1978.

Attorney(s) appearing for the Case

Terrence Fitzgerald, Louisville, for appellant.

Robert F. Stephens, Atty. Gen., James Dickinson, Asst. Atty. Gen., Frankfort, for appellee.

Before GANT, HOWARD and HOWERTON, JJ.

HOWERTON, Judge.

Appellant was convicted of third-degree burglary and sentenced to serve a term of four years and three months in prison. Appellant has brought a direct appeal and presents three arguments as grounds for reversal.

1. The misapprehension of the juror, Richard Plappert, that Samuel Polk might be the same person who was involved with Curtis May in the robbery of Plappert's father, denied Polk his Sixth Amendment right to trial by an impartial...

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